MIAMS Durham

Families who are currently in a dispute, disagreement or crisis often have to think of turning to the court. Legal proceedings are often necessary in such cases as divorce, separation and inheritance and simply cannot be avoided.

The essential family based nature of these kinds of disputes is often not suited to the adversary and sometimes hostile court environment. This is why many legal systems around the world have chosen to make some kind of extra-legal intervention a requirement before families and/or couples can go forward with their court cases.

In Wales and England, for instance, new legislation introduced 6th April, 2011 made it a necessity for anyone with a court case pertaining to family issues such as children or finances to attend a Mediation Information and Assessment Meeting, also called a MIAM.

MIAMS are essentially court mandated mediation services (performed by a qualified, neutral third party called the mediator) which have to be undertaken in an attempt to resolve tricky family issues outside of the court.

This kind of requirement is actually a boon for both the courts and the families involved for several reasons. The emotional and personal ramifications of family disputes are such that the clinical, unforgiving environment of a court can often end up exacerbating tensions rather than resolving the dispute.

A court should not be the first, but the last resort for a family based legal issue. An out of court meeting with a mediator can help to create a supportive, neutral environment in which participants can air their grievances and demands in a productive, calm manner.

Discussion, agreement and compromise can help sort out issues in a friendly, non-threatening manner that will also benefit the family going forward. Ultimately, an out of court settlement is in the best interest of everyone involved.

It saves the family the financial and emotional stress of dealing with long drawn out legal proceedings and saves the resources of the state (or government/legal system) as well. Even if the issue still proceeds to the court, all the participants will have clearer picture of the situation and will therefore be able to take more enlightened decisions going forward.

We offer MIAMS that proceed in the same way as any other type of family mediation service. A mediator, who is typically a trained professional, will hold a meeting with members involved directly in the dispute as well as peripheral family members who might be affected by the issue at hand.

There are often several meetings as that is generally the amount of time it takes to fully understand and resolve issues. Individual participants may also choose to have a separate, one on one meeting with the mediator if they feel the need. The final aim however is to come to a consensus with every participant’s views taken into account.

Families can avail of legal aid to pay for such services, though other options are also available. It is best to establish the mode of payment at the first meeting itself.